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2025 DAILYLAW 42876 (CHH)

SAMPAT KASHYAP v. THE STATE OF CHHATTISGARH

MCRCA/1390/2025 · 2025-09-09

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1 2025:CGHC:46379 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1390 of 2025 1 - Sampat Kashyap S/o Bhagat Kashyap Aged About 43 Years R/o Village- Turenar, Thana- Nagarnar, Distt.- Bastar, C.G. 2 - Surjeet Kashyap S/o Sampat Kashyap Aged About 20 Years R/o Village- Turenar, Thana- Nagarnar, Distt.- Bastar, C.G. ... Applicants versus 1 - The State of Chhattisgarh Through- S.H.O., Police Station- Nagarnar, Distt.- Bastar, C.G. ... Respondent (Cause title is taken from Case Information System) For Applicants : Mr. Sameer Singh, Advocate For Respondent/State : Mr. Soumya Rai, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 10/09/2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicants, who are apprehending their arrest in connection with Crime No.36/2024 registered at Police Station-Nagarnar District- Bastar (C.G.) for the offences punishable under Sections – 294, 323, 506-B, 307/34 of IPC. 2. As per the case of prosecution, complainant, Maneesh lodged a report that on 28.02.2024, he had gone to Village Turner to attend the wedding ceremony of his younger brother, where he was dancing and singing at the wedding night, at that time a quarrel took place VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.09.12 18:30:13 +0530 2 between his cousin, Tushar and a boy of that village. Thereafter, all accused persons attacked on them fatally by sticks and iron rods and threatened to kill. 3. Learned counsel for the applicants submit that the applicants are innocent and have been falsely implicated in the present case. It is further argued that allegation levelled against the present applicant are that applicants along with other co-accused persons have assaulted the five injured persons in a marriage function, as a result of which, they sustained injuries. He further submits that counter FIR has already been lodged in the present case and complainant has also filed affidavit before the trial Court mentioning no objection. Further, investigation and trial are likely to take some time, therefore, he submits that the present applicants are entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail and submits at the time of incident, quarrel took place between the present applicants and injured persons, applicants and other accused persons assaulted them by stick and iron road and, as a result of which, they sustained injuries, therefore, they are not entitled for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, nature and gravity of offence, submissions made by learned counsel for the parties and also considering the fact that counter case has already been registered and also the fact that five injured persons have sustained 3 injuries, therefore, I am not inclined to allow the anticipatory bail application of the present applicants. 7. Accordingly, the anticipatory bail application of the applicants– Sampat Kashyap and Surjeet Kashyap filed under Section 482 of Bhartiya Nagarik Suraksha Sanhita, 2023 involved in Crime No.36/2024 registered at Police Station-Nagarnar District-Bastar (C.G.) for the offences punishable under Sections – 294, 323, 506-B, 307/34 of IPC, is rejected. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali